The short answer: the famous «Grandchildren's Law»—the option right of the Democratic Memory Law— stopped accepting requests in October 2025, so that particular door is already closed. But don't just stop there: if your grandfather, grandmother, father, or mother was Spanish origin, you still have a very advantageous path to naturalization with only 1 year of residency in Spain. And if it doesn't fit your case, you still have the 2-year Ibero-American option. Here's what's left for you in 2026, without false hope. Presented by Rafaela Dias Pinheiro, a Brazilian lawyer in Madrid.
Will the «Law of Grandchildren» still be open in 2026?
No. The Democratic Memory Law opened an option for children and grandchildren of Spaniards who had lost or renounced their nationality due to exile, and for other related cases. It was a particularly good path because it allowed one to opt for nationality. without needing to reside in Spain and for free. But it had an expiration date: the deadline, already extended for a year, It closed in October 2025. As of today, we are no longer accepting new applications through that channel. If you missed the deadline, here's what you *can* do.
So, I can't get citizenship through my grandfather anymore?
It depends on a key detail: if that grandfather (or your father or mother) was «Spanish by origin». The Civil Code maintains a permanent and very advantageous route that does not depend on any temporary law: whoever was born outside of Spain to a father, mother, grandfather, or grandmother who were originally Spanish it's enough for him/her 1 year of legal residency to request nationality (Article 22.2.f of the Civil Code). It is even faster than the general 2-year period for the Ibero-American route.
What exactly does «Spanish of origin» mean?
It's the nuance that causes the most rejections, so it's important to understand it well. It's not enough for your grandfather to have had Spanish nationality at some point: the law requires that he have had it. originally, that is, that he be Spanish by birth or descent (because he was born Spanish, normally due to being the son of Spaniards). The courts have been clear on this. That's why the first step is always to review your ancestor's documentation—where and how they acquired nationality—before taking anything for granted.
I have Spanish ancestry: what options do I have?
The one 1 year of residency (art. 22.2.f). In practice, this means:
- To enter Spain with legal residency (for example, a visa or permit that allows you to reside).
- That you keep that residence legal, continuous, and immediately preceding to the request during 1 year.
- That you subsequently submit the application for nationality, proving the link to your Spanish ancestor by origin.
This is a huge advantage compared to the 10 years of the general case, and even compared to the 2 years of the Ibero-American route.
And the «right of option»? Does it still work for me?
The right of option under the Civil Code (Art. 20) still exists, but it is narrower than the one opened by the Historical Memory Law. It is reserved, above all, for individuals who are or have been under the parental authority of a Spaniard, and those whose father or mother would have originally been Spanish and would have been born in Spain. If your connection is with a grandfather, the most common route today is through the year of residency, not an option. Each family tree is different, which is why it's worth having a lawyer look at your specific case.
If my ancestor was not originally Spanish, what do I do?
You don't run out of options. As a Brazilian, you have the Ibero-American Waycan 2 years of legal residency In Spain, you can apply for nationality, whether or not you have Spanish ancestors. This is the route most Brazilians take, and we explain it in depth in our article about the Spanish nationality for Brazilians in 2 years. The practical conclusion: there is almost always a way; what changes is the timeframe and the requirements.
Do I lose my Brazilian nationality?
No. As a Brazilian, you are Ibero-American, and the Civil Code (art. 24) does not oblige you to truly renounce your original nationality. In the oath ceremony, you will make a renunciation that is only formal, for the Spanish authorities; Brazil does not revoke your nationality. You keep both.
What documents do I need to prove the relationship?
The key to these files is in Demonstrate the family lineage. and that the ascendant was of Spanish origin:
- Birth certificate English from the paternal or maternal grandparent (from the Spanish Civil Registry), which is what proves that they were Spanish by origin.
- Your own birth certificate and those of the intermediate links (your father/mother), apostilled and with Sworn translation to Spanish when they are Brazilian.
- Your residence card and the town hall registration in Spain.
- Criminal record, apostilled and translated.
Gathering and fitting all of this together takes time, especially when you have to track down old records.
How much does it take and how much does it cost?
The process has a State administrative fee and, if your route requires proof of integration, the exam fees of the Cervantes Institute (CCSE and, if applicable, DELE A2). The The legal deadline for resolution is one year. Since the file is complete, although in practice it may take longer depending on the Ministry of Justice's workload. Always confirm the current amounts before starting.
How does Islo Law Firm help you
These cases live or die in the details: whether the grandfather was a Spanish national by origin, what documents prove the connection, and what route is truly yours. Islo Law Firm We reviewed your family tree and your documentation, and we'll clearly tell you which path is best for you — 1 year, 2 years, or an option — and we'll prepare the application. Rafaela Dias Pinheiro is a lawyer and Brazilian: she'll assist you in Portuguese or Spanish.
Frequently Asked Questions
Is the Grandchildren Law still in effect in 2026?
No. The right of option under the Democratic Memory Law stopped accepting applications in October 2025. You can no longer apply through that channel.
Can I apply for citizenship through a Spanish grandparent?
Yes, if that grandfather was of Spanish origin. In that case, 1 year of legal residence in Spain is sufficient for you (Article 22.2.f of the Civil Code).
What does «Spanish by origin» mean?
To have been Spanish by birth or descent, and not have acquired nationality afterward. The law requires that the ascendant was originally Spanish.
What if my grandfather was not of Spanish origin?
As a Brazilian, you can take advantage of the Ibero-American pathway: 2 years of legal residency to apply for citizenship.
Do I lose my Brazilian nationality?
No. The renunciation of the act of swearing-in is only formal before the Spanish authorities. You keep your Brazilian citizenship.
This information is for guidance and general purposes only. The applicable route depends on your ancestor's documentation and your residency situation, so it is advisable to review your case with a lawyer before submitting the application.
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